A jury direction that uses the conjunctive 'and' rather than the disjunctive 'or' when describing the elements of a lesser alternative offence does not constitute a misdirection where the charge, read as a whole, correctly directs the jury in the disjunctive as to the circumstances in which the lesser alternative is to be considered. In shooting cases involving multiple shots, the lesser alternative of intentionally causing injury (rather than serious injury) may not be rationally open on the evidence. A sentence of 20 years for murder arising from a public shooting in the context of a motorcycle gang dispute, where the offender intended really serious injury, is within range.
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